FilmOn.com’s Alki David is saying FilmOn will still be available in some areas of the United States after a ruling by Judge George Wu granted the Big Four–ABC, NBC, CBS and FOX–their tentative preliminary injunction against David and Aereokiller LLC, FilmOn.com, FilmOn.TV Networks,Inc. and FilmOn.TV, Inc. According to Deadline, the judge’s ruling will determine exactly whether the LLC will be shut down; that ruling will be sometime next week.

David’s lawyers are refuting the idea that David and his service are in violation of the Copyright Act. They state that the service simply gives viewers the ease and convenience of watching their favorite television programs online. Judge Wu argued that the court “would find that defendants’ transmissions are public performances, and therefore infringe plaintiffs’ exclusive right of performance.” Judge Wu’s also acknowledged that his ruling could have limited effect if other courts in other jurisdictions are also dealing with the case.

David told ShockYa that the Deadline article “is full of inaccuracies.” “Firstly it is Aereokiller LLC not Barrydriller.com – it is FilmOn.com,” he said, referencing the article’s mention of Aereokiller. “[A]nd most importantly…. see [the]attached [court ruling--] we may be shut down in three cities out of twelve from retransmitting.”

David sent the court ruling to ShockYa, stating, “Attached you will see cities where the FilmOn service is available tonight. All four majors are available in these cities tonight and six more coming online in the next couple of weeks. Based on the Courts still undisclosed ruling we will still maintain the service in Miami, New York, Chicago, Washington DC., Boston, etc. [W]e remain strong in Central and East Coast cities.”